Chief Kofi Gyimah V. Jaw Sampare & Anor (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Estoppel per rem judicatam—Status of Kumasi Divisional Council as judicial tribunal.

Facts

The appellant brought before the Kumasi Divisional Council a claim to be the rightful person to administer the personal properties of a deceased person as against the respondents. The Council non-suited the appellant and their decision was upheld on appeal t…) the Chief Commissioner’s Court.

The appellant therein raised the same issue before the Supreme Court which held that the appellant was estopped by the previous decision of the Kumasi Divisional Council. The appellant appealed.

Held

That the Kumasi Divisional Council was a judicial tribunal and therefore its decision as to the status of the deceased person vis-h-vis the appellant could be raised as an estoppel per rem judicatam.

Appeal dismissed.